California Employment Law
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This question is for a different issue and I thought I would get your expert opinion on it. A tenant who had signed a rental agreement to lease my condo from 01/2011 till 01/2012 started falling behind on payments in 03/2011. I make the biggest mistake of liking her and started to give her breaks in the form of making smaller payments of $600 to 900 every 3 weeks or so while accumulating the balance of what was left unpaid. I never showed up at her door at all or asked her to do me any sexual favors in exchange for a lesser rent. I however started texting her and expressing my interest in her. She would respond 75% of the time and we would text back and forth. Some of the text message included sexual content in the form of modeling pics she made and nude picture of me. We talked about her favorite sex position, her interest in having breast implants, etc. talk of this nature which I regret now. In May, it came to my attention by my parents who went to get some items in storage (after I asked the tenant's permision of course) that the condo is in the worst condition. There were also some neighbor complaints about noise and association complaint about trash left in undesignated areas. I decided to end the lease because she had fallen behind on payments but on top of that and what more important is her abusing my first and only investment in life (my condo). She then refused to pay and I got a lawyer. The following email summarizes what was agreed upon but not done on her behalf. She threatens to counter sue me for sexual harrasement and notifiy my job to get my fired if I dont drop the case against her. CAN SHE HAVE A SOLID CASE AGAINST ME?
EMAIL: You have indicated and agreed to settle to $1,580 when you could have refused to pay anything if you really had legitimate accusations. We have your agreement to pay recorded on several emails. You have tried to play me and my attorney with ridiculous accusations which at the time I thought I would rather not deal with, not because they are true, but because I would rather avoid all the unneeded inconveniences and headaches that they may bring. At this time; however, I will not take any threat of harrasement or whatever you think you may have against me. You have proved to lie and not be a person of her word. You have cut and pasted parts of text messages that can be misinterpreted when read outside of their context and sent them to my attorney. You have sent me exotic modeling pictures of yourself and talked about wanting breast implants for a modeling career before I even sent you any pictures. Phone calls were not made in the middle of the night, definitely no later than 11. Your conversations with me will all be taken in account at any court that will see how this was not a one way long distance sexual talk and that you may have actually trapped me intentionally into this so I can go easy on you with late rent or so that you may use it against me at a future date. Let's finalize this once and forever by having you pay the $1,580 that you had agreed to pay, obtain a copy of my signed settlement prepared by my attorney, and sign it yourself. Seriously, at this point I will not consider any threats of counter suing from you if you do not pay the $1,580.Thanks,Amir
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